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Citation: 69 Fed. Reg. 67062 2004

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responsibilities among the various levels ofgovernment, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).

This rule is not subject to Executive Order 13045, "Protection ofChildren from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997), because it isnot economically significant.

The requirements ofsection 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply to this rule because it imposes no standards.

This rule does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

The Congressional Review Act, 5 U.S.C. 801 et seq.,as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the
agency promulgating the rule must submit arule report to Congress and the Comptroller General. However, section 808 provides that any rule for which the issuing agency for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the agency promulgating the rule determines. 5U.S.C. 808(2). EPA has made such a good cause finding, including the reasons therefor, and established an effective date of November 16, 2004. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal Register. This rule is not a "major rule" as defined by 5U.S.C. 804(2).

Under section 307(b)(1) ofthe CAA, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals for the appropriate circuitby January 18, 2005. Filing a petition for reconsideration by the Administrator ofthis final rule does not affect the finality ofthis rule for the
purpose ofjudicial review nor does it extend the time within which petition forjudicial review may be filed, and shall not postpone the effectiveness of suchrule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)).

List ofSubjects in 40 CFRPart52

Environmental protection, Air pollution control, Intergovernmental regulations, Particulate matter, Reporting andrecordkeeping requirements.

Dated: October 13, 2004. Keith Takata, ActingRegional Administrator, RegionIX. [FR Doc. 04-25299 Filed 11-15-04; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52 [CA120-REC; FRL-7837-9]

Correctionsto the California State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Finalrule.

SUMMARY: EPA is finalizing the deletion ofvarious local rules from the California State Implementation Plan (SIP) that

were incorporated into the SIP in error. These primarily include rules concerning procedures before the local hearing board, local fees, enforcement authorities, posting ofpermits, administrative permit requirements, and appeals. EPAhas determined that the continued presence ofthese rules in the SIP ispotentially confusing and thus harmful to affected sources, local agencies and to EPA. The intended effect ofthis final action is to delete these rules andmake the SIP consistent with the Clean Air Act as amended in 1990 (CAA orthe Act). DATES: Effective Date: This rule is effective on December 16, 2004. ADDRESSES: You may inspect copies of the administrative record for this action
atEPA's Region IX office during normal business hours. You may also see copies ofthe rules atthe locations listed in
SUPPLEMENTARY INFORMATION under "Public Inspection."

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, SanFrancisco, CA 94105; (415) 947-4126. E-mail: rose.julie@EPA.gov.

SUPPLEMENTARY INFORMATION:
Public Inspection

California AirResources Board, Stationary

Source Division, RuleEvaluation Section, 1001 ""Street, Sacramento, CA 95814 Amador County Air Pollution Control

District, 500 Argonaut Lane, Jackson, CA 95642 Antelope Valley AirPollution Control

District, 43301 Division Street, Suite 206, Lancaster, CA 93539-4409 Bay Area Air Quality Management District,

939 Ellis Street, SanFrancisco, CA 94109 Butte County Air QualityManagement District, 2525 Dominic Drive, SuiteJ, Chico, CA 95928-7184 Calaveras County Air Pollution Control

District, 891 Mountain Ranch Road, San Andreas, CA 95249-9709 Colusa County Air Pollution Control District,

100 Sunrise Blvd., Suite F, Colusa, CA 95932-3246 El Dorado County Air Pollution Control

District, 2850 Fairlane Court,Building C, Placerville, CA 95667-4100 FeatherRiver Air Quality Management

District, 938-14th Street, Marysville, CA 95901-4149 Glenn County Air Pollution Control District,

720 North Colusa Street, Willows, CA 95988-0351 Great Basin Unified Air Pollution Control

District, 157 Short Street, Suite 6, Bishop, CA 93514 Imperial County Air Pollution Control

District, 150 South Ninth Street, El Centro,
CA 92243-2801 Kern County (Southeast Desert) Air Pollution

Control District, 2700 M. Street, Suite 302, Bakersfield, CA 93301-2370 Lake County Air Quality Management

District, 883 Lakeport Blvd., Lakeport, CA 95453-5405 Lassen County Air Pollution Control District,

175 Russell Avenue, Susanville, CA 96130-4215 Mariposa County Air Pollution Control

District, 5110 Bullion Street, Mariposa, CA 95338 Mendocino County Air Quality Management

District, 306 E. Gobbi Street, Ukiah, CA 95482 Modoc County Air Pollution Control District,

202 W. Fourth Street, Alturas, CA 96101 Mojave Desert Air Quality Management

District, 14306 ParkAvenue, Victorville, CA 92392-2310 Monterey Bay Unified Air Pollution Control

District, 24580 Silver Cloud Ct., Monterey, CA 93940-6536 North Coast Unified Air Quality Management

District, 2300 Myrtle Avenue, Eureka, CA 95501-3327 Northern Sierra Air QualityManagement

District, 200 Litton Drive, Suite 320, Grass Valley, CA 95945-2509 Northern Sonoma County Air Pollution

Control District, 150 Matheson Street, Healdsburg, CA 95448-4908 Placer County Air Pollution Control District,

11464 B Avenue, Auburn, CA 95603 SanDiego County Air Pollution Control

District, 9150 Chesapeake Drive, San Diego, CA 92123-1096 SanJoaquin Valley Unified Air Pollution

Control District, 1990 East Gettysburg, Fresno, CA 93726 SanLuis Obispo County Air Pollution

Control District, 3433 Roberto Court, San Luis Obispo, CA 93401-7126 Santa Barbara County Air Pollution Control

District, 26 Castilian Drive, B-23, Goleta, CA 93117 Shasta County Air Quality Management

District, 1855 Placer Street, Suite 101, Redding, CA 96001-1759 Siskiyou County Air Pollution Control

District, 525 South Foothill Drive, Yreka,
CA 96097-3036

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South CoastAir Quality Management

District, 21865 E. CopleyDrive, Diamond Bar, CA91765 Tehama County AirPollution Control

District, 1750 Walnut Street,Red Bluff,CA 96080 Tuolumne County Air Pollution Control

-District,22365 Airport, Columbia, CA 95310 Ventura County AirPollution Control

District, 669 County Square Drive, Ventura, CA 93003 Yolo-Solano Air Quality Management

District, 1947 Galileo Court,Suite 103, Davis, CA95616 Throughout this document wherever "we'l "us," or "our" areused, we mean EPA.
Table ofContents I.Proposed Action II.Public Comments and EPAResponses III.EPA Action IV.Administrative Requirements

I. Proposed Action

OnJanuary 22, 2004 (69FR 3045), EPA proposed to delete various rules from the California SIP, after determining that they had been approved into the SIP in error. Most of these rules fall into one ofthe following categories:

A. Rules that govern local hearing board procedures and other administrative requirements such asthe frequency ofmeetings, salaries paidto board members, andpetitioning for a local hearing.

B. Administrative permit rules such

as those that describe procedures for action, denial, appeal,reinstatement, andposting ofpermits to operate. Substantive localrequirements to fulfill CAA new source review and operating permit provisions are Federally approved ordelegated elsewhere.

C. Variance provisions that provide formodification ofthe requirements of the applicable SIP. The variance procedures included in today's action

arebased in State law. SeeCalifornia Health &Safety Code §§42350-64. State

or district-issued variances provide an * applicant with amechanism to obtain relief from state enforcement ofa State

or local ruleunder certain conditions. Pursuant to Federal law, specifically section 110(i) ofthe CleanAir Act, 42 U.S.C. 7410(i), neither EPA nor a State
may revise a State Implementation Plan (SIP) by issuing an "order, suspension, plan revision or other action modifying
any requirement ofan applicable implementation plan" without a plan promulgation or-revision.EPA and California have longrecognized that a state-issued variance, though binding as

amatter ofState law, does not prevent EPA from enforcing the underlying SIP provisions unless and until EPA approves that variance as a SIPrevision. The variance provisions included in today's action are deficient for various
reasons, including their failure to address the fact that a stateor districtissued variance has no effect on Federal enforceability unless the variance is submitted to and approved by EPA as a SIP revision. Therefore, their inclusion inthe SIP is inconsistent with the Act and may be confusing to regulated industry and the general public. Moreover, because state-issued variances require independent EPA approval in orderto modify the substantive requirements ofa SIP, removal ofthese variance provisions from the SIP will have no effect on regulated entities. SeeIndustrial Environmental Associationv. Browner, No. 97-71117 (9th Cir., May 26, 2000).

D. Various provisions describing local
agency investigative or enforcement authority including the authority to inspect, make arrests, issue violation notices, and issue orders for abatement. Statesmay need to adopt such rules to demonstrate adequate enforcement authority under section 110(a)(2) ofthe Act, but they should notbe approved into the applicable SIPto avoid potential conflict with EPA's independent authorities provided in §113, § 114 and elsewhere.

E. Local fee provisions that are not economic incentive programs and are notdesigned toreplace orrelax a SIP emission limit.While itis appropriate forlocal agencies to implement fee provisions, for example, torecover costs forissuing permits, it isgenerally not appropriate to make local fee collection federally enforceable.

II.Public Comments and EPA Responses

EPA's proposed action provided a 30- day public comment period. During this period, we did not receive any public
comments.
Im. EPA Action

Based on further review, we have decided notto finalize'our proposed removal ofRule 230, Action on Applications from the Mendocino County Air PollutionControl District (MCAPCD) portion ofthe California SIP. These provisions appear appropriate for inclusion in the SIP.

As authorized in section 110(k)(6) of the Act,EPA is deleting allthe rules listedin the proposal from the California SIP, with the exception of MCAPCD Rule 230 as noted above.

In this action,EPA is also reinserting

aparagraph,listing EPA-approved rules ofthe California SIPthat were inadvertently deleted from Title 40 of the Code ofFederal Regulations, part 52, § 52.220, paragraph (c)(31)(i)(A). On December 8, 1976, at41 FR53661, EPA published a finalrulemaking action approving Rules 200to 216 ofthe Great Basin Unified Air PollutionControl District submitted bythe California Air Resources Board as revisions to the California SIP. The listing ofthese rules

was inadvertently deleted from the Code ofFederal Regulations. Two ofthese provisions, Rules 211 and 214, are being removed from the SIPin the new paragraph 52.220(c)(31)(i)(H). With these changes, the CFR description of the SIP will be up to date.

IV. Administrative Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is
not a "significant regulatory action" and therefore is not subject to reviewby the OfficeofManagement and Budget. For thisreason, this action is also not subject to Executive Order 32111, "Actions Concerning Regulations That Significantly AffectEnergy Supply, Distribution, or Use" (66 FR 28355, May 22, 2001). This action imposes no additional requirements beyond those imposed by State law. Accordingly, the Administrator certifies that this rule will nothave asignificant economic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5 U.S.C. 601 etseq.). Because this rule does not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described inthe Unfunded Mandates Reform Act of1995 (PublicLaw 104-4).

This rule also doesnot have tribal implications because itwillnot have a substantial direct effect on one ormore Indian tribes, on the relationship between theFederal Government and Indian tribes, oron the distribution.of
power and responsibilities between the Federal Government and Indian tribes,

as specified byExecutive Order 13175 (65 FR 67249, November 9, 2000). Nor willithave substantial direct effects on the States, onthe relationship between the National Government and the States,

or onthe distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132 (64FR 43255, August 10, 1999), because it does not alterthe relationship orthe distribution ofpower andresponsibilities established inthe Clean AirAct. This rule also is not subject to Executive Order 13045, "Protection ofChildren from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 

### 67063 *

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* 1997), because itis not economically

significant.

In this action, EPA is not developing

oradopting a technical standard. Thus, the requirements ofsection 12(d) ofthe NationalTechnology Transfer and Advancement Act of1995 (15 U.S.C. 272 note) do not apply. This rule does
not impose an information collection burden under the provisions ofthe Paperwork Reduction Act of1995 (44 U.S.C. 3501 etseq.).

The Congressional Review Act, 5 U.S.C. 801 etseq., as added bythe Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule maytake effect, the agency promulgating the rule must submit arule report, which includes a copy ofthe rule, to eachHouse ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General ofthe United States prior topublication ofthe rule in the Federal Register.A majorrule
cannot take effect until 60 days after it is published in the Federal Register. This action is not a "major rule" as defined by5 U.S.C. 804(2).

Under section 307(b)(1) ofthe Clean AirAct, petitions forjudicial review of this action mustbe filed inthe United States Court ofAppeals forthe appropriate circuit byJanuary 18, 2005. Filing a petition forreconsideration by the Administrator ofthis final rule does
not affect the finality ofthisrule forthe purposes ofjudicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness of such rule oraction. This action may not be challenged laterin proceedings to enforce its requirements. (Seesection 307(b)(2).)

ListofSubjects in 40 CFRPart52

Environmental protection, Air pollutioncontrol, Reporting and recordkeeping requirements.

Dated: October 22, 2004. Keith Takata, ActingRegionalAdministrator, RegionIX.

0 Part 52, chapter I,title40 ofthe Code ofFederal Regulations is amended as follows:



### PART 52-[AMENDED]

* 1.Theauthority citation forpart 52 continues toread as follows:

Authority: 42 U.S.C. 7401 et seq. Subpart F-California

0 2. Section 52.220 is amendedby adding paragraphs: (b)(2)(iii), (b)(2)(iv), (b)(7)(ii), (b)(10)(ii), (b)(12)through (14), (c)(6)(i)(D), (c)(6)(ii)(C), (c)(6)(iii)(C), (c)(6)(iv)(C), (c)(6)(v)(C), (c)(6)(vi)(C) through (D), (c)(6)(vii)(C), (c)(6)(viii)(B), (c)(6)(ix)(B), (c)(6)(x)(C), (c)(6)(xi)(C), (c)(6)(xii)(C), (c)(6)(xiii)(C), (c)(6)(xiv)(C), (c)(6)(xvi)(C), (c)(6)(xx)(B), (c)(6)(xxiii) through (xxiv), (c)(21)(viii)(C), (c)(21)(xiv)(C), (c)(24)(iv)(C), (c)(24)(vii)(F) through (G), (c)(24)(x)(F), (c)(25)(i)(F), (c)(25)(ii)(E), (c)(26)(viii)(D), (c)(26)(ix)(C), (c)(26)(xvi)(F), (c)(26)(xvii)(E) through (G), (c)(27)(vii)(E), (c)(27)(viii)(E), (c)(28)(iv)(C), (c)(31)(i)(A), (c)(31)(i)(H) and (I), (c)(31)(vi)(F), (c)(31)(xviii)(G), (c)(32)(iii)(G), (c)(35)(xii)(I), (c)(35)(xiii)(E), (c)(35)(xv)(G), (c)(37)(v)(E), (c)(39)(ii)(H) through (I), (c)(39)(iv)(H) and (I), (c)(39)(vii)(E), (c)(39)(viii)(E), (c)(39)(x)(E), (c)(41)(x)(H) through (I), (c)(42)(x)(D), (c)(47)(i)(E) through (G), (c)(51)(xiii)(D), (c)(51)(xiv)(E), (c)(51)(xx)(D), (c)(52)(xiii)(F), (c)(52)(xvi)(D), (c)(56)(ii)(D), (c)(58)(iii)(C), (c)(65)(iv) through (v), (c)(79)(v)(B), (c)(80)(i)(F), (c)(81)(i)(C), (c)(85)(vi)(D), (c)(85)(x)(C), (c)(89)(iii)(D), (c)(93)(iii)(D), (c)(93)(iv)(E), (c)(95)(vi)(B), (c)(96)(iii)(D), (c)(98)(i)(F), (c)(103)(xiii)(D), (c)(103)(xvii)(D), (c)(119)(i)(E), (c)(119)(ii)(B), (c)(124)(ii)(C), (c)(124)(vii)(D), (c)(127)(i) introductory text, (c)(127)(vii)(H) through (I), (c)(137)(vi)(C), (c)(137)(vii)(E) through (H), (c)(138)(ii)(F), (c)(155)(v)(D), (c)(159)(iii)(G), (c)(164)(i)(A)(3), (c)(168)(i)(A)(6), (c)(168)(i)(E)(4), (c)(171)(i)(D)(6), (c)(172)(i)(A)(4), (c)(173)(i)(B)(3), (c)(175)(i)(A)(2), (c)(175)(i)(B)(3), (c)(177)(i)(D)(4), (c)(179)(i)(E)(5),(c)(184)(i)(B)(11), (c)(199)(i)(D)(9), (c)(202)(i)( A)(2), (c)(230)(i)(E)(2), and (c)(262)(i)(A)(2),
andby revising (c)(127) introductory text.

The additions and revision read as follows: 

### §52.220 Identificationof plan.

* * * * *



### (b)*** (2) * * * (iii) Previously approved onMay 31, 1972 in paragraph (b) ofthis section and

now deleted without replacement for implementation inthe Lake Tahoe Air Basin, Rules 2-17, 2-18, 2-19, and 2- 20.

(iv) Previously approved onMay 31, 1972 in paragraph (b) ofthis section and

now deleted without replacement for implementation inthe Mountain Counties AirBasin, Rules 2-17, 2-18, 2-19, 2-20.

* * * * *

(7)* * * (ii)Previously approved onMay 31, 1972 in paragraph (b) of this section and

now deletedwithout replacement, Rules 17, 18, and 19.

* * * * *



### (10) * * * (ii)Previously approved onMay 31, 1972 in paragraph (b) ofthis section and

now deletedwithout replacement, Rules 2.4, 2.6, and 5.1 to 5.18.

* * * * *

(12) California AirResources Board. (i)Previously approved onMay 31, 1972 in paragraph (b) of this section and

now deletedwithout replacement, California Health &Safety Code §§24292, 24296 to 24303 (Variances); §§ 24310 to 24323 (Procedure); and §§ 24362.6 to 24363 and 24365.1 to 24365.12 (Rules and Regulations).

(13) El Dorado County Air Pollution Control District. (i)Previously approved on May 31, 1972 in paragraph (b) ofthis section and

now deleted without replacement, Rules 77, 78, 79, and 80.

(14) Imperial County Air Pollution Control District.

(i) Previously approved on May 31, 1972 in paragraph (b) ofthis section and

now deleted without replacement, Rule 110.

* * * * *

(c) * * * (6) * * * 

### (i) * * * (D) Previously approved on September 22, 1972 in paragraph (c)(6) ofthis section and now deleted without replacement, Rules 18, 22, 23, and 24.

(ii) * * * (C) Previously approved on September 22, 1972 in paragraph (c)(6) ofthis section and now deleted without replacement, Rules 204, 206, 210, 211, 212, and 213.

(iii) * * * (C) Previously approved on September 22, 1972 in paragraph (c)(6) ofthis section and now deleted without replacement, Rules 1.6, 2.9, 2.10, 2.11', 2.12, and 4.2.

(iv) * * * (C)Previously approved on September 22, 1972 in paragraph (c)(6) ofthis section and now deleted without replacement, Rule 206. (v) * * * (C)Previously approved on September 22, 1972 in paragraph (c)(6) ofthis section and now deleted without replacement, Rules 53, 54, 55, and 97. (vi) * * * (C)Previously approved on September 22, 1972 inparagraph (c)(6)

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ofthis section and now deleted without replacement for implementation inKern County, Southeast Desert AirBasin, Rules 204, 206, 210, 211, 212, and 213.

(D)Previously approved on September 22, 1972 inparagraph (c)(6) ofthis section and now deleted without replacement for implementation inKern County, San Joaquin Valley AirBasin, Rules 107, 109, 206, 303, and 304.

(vii) * * * (C)Previously approved on September 22, 1972 inparagraph (c)(6) ofthis section and now deleted without replacement, Rules 206 and 518. (viii)* * * (B) Previously approved on September 22, 1972 inparagraph (c)(6) ofthis section and now deleted without replacement, Rules 2.02, 2.04, 2.06, 2.10,.2.11, 2.12, and 2.13.

(ix) * * * (B) Previously approved on September 22, 1972 inparagraph (c)(6) ofthis section and now deleted without replacement, Rule 206. 

## (x) * * * (C)Previously approved on September 22, 1972 inparagraph (c)(6) ofthis section and now deleted without replacement, Rule 206. (xi)* * * (C) Previously approved on September 22, 1972 inparagraph (c)(6) ofthis section and now deleted without replacement, Rules 2.02, 2.04, 2.06, 2.10, 2.12, and 2.13.

(xii) * * * (C)Previously approved on September 22, 1972 inparagraph (c)(6) ofthis section and now deleted without replacement, Rule 206.

(xiii)* * * (C) Previously approved on September 22, 1972 inparagraph (c)(6) ofthis section and now deleted without replacement, Rule 206.

(xiv) * * * (C)Previously approved on September 22, 1972 in paragraph (c)(6) ofthis section and now deleted without replacement, Rule 206.

* * * * *

(xvi) * * * (C) Previously approved on September 22, 1972 in paragraph (c)(6) ofthis section and now deleted without replacement, Rules 013, 015, 019, 020, 021, and 022.

• * * * *



### (xx) * * * (B) Previously approved on September 22, 1972 inparagraph (c)(6) ofthis section and now deleted without replacement, Rule 16.

• * * * *

(xxiii) Shasta County AirPollution ControlDistrict. (A) Previously approved on September 22, 1972 in paragraph (c)(6) ofthis section and now deleted without replacement, Rule 2.17 and 2.22.

(xxiv)Ventura County Air Pollution Control District.

(A)Previously approved on September 22, 1972 in paragraph (c)(6) ofthis section and now deleted without replacement, Rule 22.

* * * * *

(21) * * * (viii) * * * (C)Previously approved on August 22, 1977 in paragraph (c)(21)(viii)(A) of this section and now deleted without replacement, Rule 4.11.

* * * * *

(xiv) * * * (C)Previously approved onJune 14, 1978 inparagraph (c)(21)(xiv)(A) ofthis section and now deleted without replacement, Rule 5.18.

* * * * *

(24) * * * (iv) * * * (C)Previously approved on August 22, 1977 in paragraph (c)(iv)(A) ofthis section and now deleted without replacement, Rule 518.

* * * * *

(vii) * * * (F)Previously approved onAugust 22, 1977 in paragraph (c)(vii)(A) ofthis section and now deleted without replacement forimplementation inKern County, SoutheastDesert Air Basin, Rule 518. (G) Previously approved onAugust 22, 1977 in paragraph (c)(vii)(A) ofthis section and now deleted without replacement forimplementation inKern County, SanJoaquin Valley Air Basin, Rule 518.

* * * * *



### (x)* * * (F)Previously approved onAugust 15, 1977 in paragraph (c)(x)(A)ofthis section and now deleted without replacement, Rule 3.

*

. * * * .*

(25) * * * 

### (i)* * * (F)Previously approved onAugust 22, 1977 in paragraph (c)(25)(i)(A) of this section and now deleted without replacement, Rule 518. 

### (ii)* * * (E)Previously approved onAugust 22, 1977 in paragraph (c)(25)(ii)(A) of this section and now deletedwithout replacement, Rule 519.

* * * * *

(26) * * * (viii) * * * (D)Previously approved onAugust 22, 1977 in paragraph (c)(26)(viii)(A) of this section and now deleted without replacement, Rule 617.



### (ix) * * * (C) Previously approved onAugust 22, 1977 inparagraph (c)(26)(ix)(A) of this section and now deleted without replacement Rules 619 and 620.

• * * * *

(xvi) * * * (F)Previously approved onJune 14, 1978 in paragraph (c)(26)(xvi)(B) ofthis section and now deleted without replacement, Rule 717.

(xvii) * * * (E) Previously approved onJune 14, 1978 in paragraph (c)(26)(xvii)(A) ofthis section and now deleted without replacement Rule 717 (Lake Tahoe Air Basin).

(F)Previously approved onJune 14, 1978 iAparagraph (c)(26)(xvii)(A) ofthis section and now deleted without replacement Rules 705 and 717 (Mountain Counties AirBasin).

(G) Previously approved onJune 14, 1978 in paragraph (c)(26)(xvii)(A) ofthis section and now deleted without replacement Rules 701, 705, 707, 711 to 714, 716, and 717 (Sacramento Valley Air Basin).

* * * * *

(27)

.... (vii) * * * (E) Previously approved onJune 14, 1978 inparagraph (c)(27)(vii)(A) ofthis section and now deleted without. replacement Rule 717.

(viii) * * * (E) Previously approved onJune 14, 1978 inparagraph (c)(27)(viii)(A) and.

now deleted without replacement Rules 701, 702, 704 to 709, and 711 to 717.

• * * * *

(28) * * 

### (iv) * * * (C) Previously approved on August 22, 1977 in paragraph (c)(28)(iv)(A) of this section and now deleted without replacement Rule 717.

• * * * *

(31) * * * 

### (i * * * (A) Rules 200to 216.

* * * * *

(H)Previously approved on December 8, 1976 inparagraph (c)(31)(i)(A) ofthis section and now deleted without replacement Rules 211 and 214.

(I) Previously approved onJune 6, 1977 inparagraph (c)(31)(i)(B) ofthis section and now deleted without replacement Rules 107 and 616.

• * * * *

(vi)*** (F)Previously approved onNovember 9, 1978 in paragraph (c)(31)(vi)(C) of this section and now deleted without 

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replacement for implementation inthe Antelope Valley AirPollution Control District, Rules 211, 214, 215, and 216.

* * * * *

(xviii) * * * (G) Previously approved onJanuary 24, 1978 inparagraph (c)(31)(xviii)(B) of this section and now deleted without replacement Rule 717.

* * * * *

(32) * * * (iii)* * * (G) Previously approved onJune 14, 1978 in paragraph (c)(32)(iii)(C) ofthis section and now deleted without replacement Rules 505 and 518.

* * * * *

(35) * * * (xii) * * * (I)Previously approved on February 1, 1984 in paragraph (c)(35)(xii)(E) of this section and now deleted without replacement Rules 202, 206, 207, and 208.

(xiii) * * * (E) Previously approved onMarch 22, 1978 in paragraph (c)(35)(xiii)(A) ofthis section and now deleted without replacement forimplementation inthe SanJoaquin Valley Air Basin, Rule 104.

.* * * * *

(xv) * * * (G)Previously approved on November 7, 1978 in paragraph (c)(35)(xv)(C) of this section and now deleted without replacement Rule 630.

(37) * * * 

### v) * * * (E) Previously approved on December 6, 1979 in paragraph (c)(37)(v)(B) ofthis section and now deleted without. replacement Rule 717.

* * * * *

(39)* (ii) * * * (H)Previously approved on September 8, 1978 in paragraph (c)(39)(ii)(C) ofthis section-and now deleted withoutreplacement for implementation in the Mojave Desert Air Quality Management District, Rule 517.

(I)Previously approved onNovember 9, 1978 inparagraph (c)(39)(ii)(B) ofthis section and now deleted without replacement for implementation inthe Mojave DesertAir Quality Management District, Rules 210, 211, and 214 to 216.

* * * * *

(iv) * * * (H) Previously approved onNovember 9, 1978 inparagraph (c)(39)(iv)(B) of this section and now deleted without replacement forimplementation inthe Mojave Desert Air Quality Management District, Rules 210, 2.11, and 214 to 216. (I) Previously approved on September 8, 1978 inparagraph (c)(39)(iv)(C) of this section and now deleted without replacement for implementation inthe MojaveDesert Air Quality Management District,Rule 517.

* * * * *

(vii) * * * (E) Previously approved onAugust 16, 1978 in paragraph (c)(39)(vii)(A) of this section and now deleted without replacement Rule 514.

(viii)* * * (E) Previously approved on September 14, 1978 in paragraph (c)(39)(viii)(A) of this section and now deleted without replacement Rules 600, 612, 613, 614, 615, 616, and 617.

* * * * * 

## x) * * * (E) Previously approved on September 14, 1978 in paragraph (c)(39)(x)(A) of this section and now deleted without replacement Rule 514.

* * * * *

(41) * * * 

### (x) * * (H) Previously approved onNovember 15, 1978 in paragraph (c)(41)(x)(A) of this section and now deleted without replacement Rule 706 (Mountain Counties Air Basin).

(I) Previously approved onNovember 15, 1978 in paragraph (c)(41)(x)(A) of this section and now deleted without replacement Rules 702 to 704, 706, 708
to 710, and 715 (Sacramento Valley Air Basin).

* * * * *

(42) * * * 

## Cx) * * * (D) Previously approved on November 6, 1978 inparagraph (c)(42)(x)(A) ofthis section and now deleted without replacement Rules 700, 703, and 710.

* * * * *

(47) * * * 

## i) * * * (E) Previously approved onMay 9, 1980 inparagraph (c)(47)(i)(A) ofthis section and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District Rule 1231.

(F)Previously approved onMay 9, 1980 inparagraph (c)(47)(i)(A) ofthis section and now deleted without replacement for implementation in the MojaveDesert Air Quality Management District (Riverside County), Rules 1201
to 1205, 1209 to 1211, 1214, 1217, 1220, 1221, 1223, and 1224.

(G) Previously approved onMay 9, 1980 inparagraph (c)(47)(i)(A) ofthis section and now deleted without replacement for implementation in the South Coast Air Quality Management District,Rules 1201 to 1205, 1209to 1211, 1214, 1217, 1220, 1221, 1223, and 1224.

* * * * *

(51) * * * (xiii) * * * (D) Previously approved onMay 18, 1981 in paragraph (c)(51)(xiii)(A) ofthis section and now deleted without replacement Rules 204, 207, 208, 209, 513, 517, and 519.

(xiv) * * * (E) Previously approved on May 18, 1981 in paragraph (c)(51)(xiv)(A) ofthis section and now deleted without replacement Rules 702 to 704 and 707
to 710.

* * * * *

(xx) * * * (D) Previously approved onJune 18, 1982 inparagraph (c)(51)(xx)(A) ofthis section and now deleted without replacement Rules 8 and 127.

* * * * *

(52)* * * (xiii) * * * (F)Previously approved on May 18, 1981 inparagraph'(c)(52)(xiii)(D) ofthis section and now deleted without replacement Rules 504, 506, 512, and 513.

(xvi) * * * (D) Previously approved onJanuary 26, 1982 inparagraph (c)(52)(xvi)(A) of this section and now deleted without replacement Rules 5.0 to 5.3, 5.5 to 5.19, and 6.1 to 6.7.

(56)* * *

. 

### ii)* * *

(D) Previously approved onJune 18, 1982 inparagraph (c)(56)(ii)(B) ofthis section and now deleted without replacement Rule 27.

* * * * *

(58)* * * (iii) * * * (C) Previously approved onJune 18, 1982 inparagraph (c)(51)(iii)(B) ofthis section and now deleted without replacement Rule 203.

* * * * *

(65) * * * (iv)Previously approved on September 28, 1981 inparagraph (c)(65)(ii) ofthis section and now deleted without replacement Rules 1206,1208,1212,1213, 1215,1216, 1218, 1219, 1222, and 1225 to 1230.

(v)Previously approved on September 28, 1981 in paragraph (c)(65)(ii) ofthis section and now deleted without replacement for implementation inthe Mojave Desert Air Quality Management District (Riverside County), Rules 1206, 1208,1212,1213,1215,1216,1218, 1219, 1222, and 1225 to 1230.

* * * * *

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(79) * * * (v) * * * (B) Previously approved on September 28, 1981 in paragraph (c)(79)(v)(A) ofthis section and now deleted without replacement Rule 14.

* * * * *

(80) * * * 

### (i)* * * (F)Previously approved onJune 23, 1982 in paragraph (c)(80)(i)(C) ofthis section and now deleted without replacement Rules 504, 506, and 511 to 513.

* * * * *

(81) * * * (i) * * * (C) Previously approved on May 18, 1981 in paragraph (c)(81)(i)(A) ofthis section and now deleted without replacement Rules 512, 514, 519, and 520 to 524.

* * * * *

(85) * * * (vi) * * * (D) Previously approved onApril 12, 1982 in paragraph (c)(85)(vi)(A) ofthis section and now deleted without replacement Rules 2.7 and 2.8.

* * * * *



## (x) * * * (C)Previously approved on-July 6, 1982 in paragraph (c)(85)(x)(A) ofthis section and now deleted without replacement for implementation in Kern County, Southeast Desert Air BasinRule 110.

• * * * *

(89) * * * 

### (iii) * * * (D)Previously approved on April 12, 1982 in paragraph (c)(89)(iii)(B) ofthis section and now deleted without replacement Rules 4.7, 4.8, 4.9, 4.10, 5.4, and 6.0.

* * * * *

(93) * * * (iii) * * * (D) Previously approved onJune 18, 1982 in paragraph (c)(93)(iii)(B) ofthis section and now deleted without replacement Rules 503, 504, 506, and 518 to 521.

* * * * *

(iv) * * * (E) Previously approved onJune 18, 1982 in paragraph (c)(93)(iv)(B) ofthis section and now deleted without replacement Rules 503, 504, 506, and 518 to 521.

* * * * *

(95) * * * (vi) * * * (B) Previously approved onJune 18, 1982 in paragraph (c)(95)(vi)(A) ofthis section now deleted without replacement forimplementation inthe North Coast Unified Air Quality Management District,Rule 250.

* * * * *

(96) * * * (iii) * * * (D)Previously approved onJanuary 26, 1982 in paragraph (c)(96)(iii)(A) of this section and now deleted without replacement Rule 96.

* * * * *

(98) * * * 

### (i)* * * (F) Previously approved onApril 12, 1982 in paragraph (c)(98)(i)(B) ofthis section and now deleted without replacement Rules 4.7, 4.9, 4.10, 5.18, 9.7, and 9.8.

* * * * *

(103) * * * (xiii) * * * (D) Previously approved on May 27, 1982 in paragraph (c)(103)(xiii)(A) of this section and now deleted without replacement Rule 710.

* * * * *

(xvii) * * * (D) Previously approved on May 27, 1982 in paragraph (c)(103)(xvii)(A) of this section and now deleted without replacement Rules 503, 504, 506, and 518 to 521.

* * * * *

(119) * * * 

### (i)* * * (E) Previously approved on May 27, 1982 in paragraph (c)(119)(i)(A) ofthis section and now deleted without replacement Rule 520.

(ii) * * * (B) Previously approved onJune 18, 1982 inparagraph (c)(119)(ii)(A) ofthis section and now deleted without replacement Rule 250.

* * * * *

(124) (ii) * * * (C) Previously approved onNovember 10, 1982 inparagraph (c)(124)(ii)(A) of this section and now deleted without replacement Rules 631 and 660.1 to 660.3.

* * * * *

(vii) * * * (D) Previously approved onNovember 10, 1982 inparagraph (c)(124)(vii)(A) of this section and now deleted without replacement Rule 620.

(127) New and amended regulations forthe following APCD's submitted on February 3, 1983 bythe Governor's designee.

(i) Bay Area AirQuality Management District.

* * * * *

(vii) * * * (H) Previously approved on October 19, 1984 in paragraph (c)(127)(vii)(C) of this section and now deleted without replacement forimplementation inthe Antelope Valley Air Pollution Control District and the Mojave DesertAir Quality Management District (Riverside County), Rule 304.

(I)Previously approved onNovember 18, 1983 in paragraph (c)(127)(vii)(A) of this section and now deleted without replacement forimplementation inthe Antelope Valley AirPollution Control District and the Mojave Desert Air Quality Management District, Rules 302 and 303.

* * * * *

(137) * * * (vi) * * * (C)Previously approved on February 1, 1984 inparagraph (c)(137)(vi)(A) of this section and now deleted without replacement Rule 2.18.

(vii) * * * (E) Previously approved on October 19, 1984 in paragraph (c)(137)(vii)(B) of this section and now deleted without replacement Rules 301, 301.1, and 301.2.

(F) Previously approved on October 19, 1984 inparagraph (c)(137)(vii)(B) of this section and now deleted without replacement for implementation in the Antelope Valley AirPollution Control District, Rules 301 to 301.2.

(G) Previously approved on February 1, 1984 in paragraph (c)(137)(vii)(A) of this section and now deleted without replacement forimplementation inthe Mojave Desert AirQuality Management District (Riverside County) Rule 1207.

(H) Previously approved on February 1, 1984 in paragraph (c)(137)(vii)(A) of this section and now deleted without replacement for implementation inthe South Coast Air Quality Management District Rule 1207.

* * * * *

(138) * * * 

### (ii)* * * (F)Previously approved on November 18, 1983 inparagraph (c)(138)(ii)(A) of this section and now deleted without replacement Rules 700, 702, and 703 (Mountain Counties Air Basin).

* * * * *

(155) * * * 

### (v) * * * (D)Previously approved onJanuary 29, 1985 inparagraph (c)(155)(v)(A) of this section and now deleted without replacement Regulation 2, Rule 2-502.

* * * * *

(159) * * * 

### (iii) * * * (G) Previously approved on July 13, 1987 in paragraph (c)(159)(iii)(A) ofthis section and now deleted without replacement Rules 203, 210, and 211.

* * * * * 

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(164) * * * 

### (i) * * * (A) *** (3)Previously approved on April 17, 1987 in paragraph (c)(164)(i)(A)(1) of this section and now deleted without replacement Rules 504, 506, 519, and 520.

• * * * *

(168) * * * 

### (i)* * *
(A) *** (6)Previously approved on February 3, 1987 in paragraph (c)(168)(i)(A)(1) of this section and now deleted without replacement Rules 423 and 425.

• * * * *

(E) * * * (4) Previously approved on February 3, 1987 in paragraph (c)(168)(i)(E)(1) of this section and now deleted without replacement Rules 2.12 and 5.10.

• * * * *

(171) * * * 

### (i)* * *
(D) * * * (6) Previously approved on April 12, 1989 in paragraph (c)(171)(i)(D)(1) of this section and now deleted without replacement Rules 2:10, 2:26, 2:27, and 4:7.

• * * * *

(172) * * * 

### (i)* * *
(A) *** (4) Previously approved on April 12, 1989 in paragraph (c)(172)(i)(A)(1) of this section and now deleted without replacement Rules 2.8 and 2.9.

• * * * *

(173) * * * 

### (i)* * * (B) * * * (3)Previously approved on February 3, 1989 in paragraph (c)(173)(i)(B)(1) of this section and now deleted without replacement Rules 204 and 210.

• * * * *

(175) * * * 

### (i)* * * (A) *** (2)Previously approved on April 17, 1989 in paragraph (c)(175)(i)(A)(1) of this section and now deleted without replacement Rule 2:19.

• * * * *

(B) * * * (3)Previously approved on April 17, 1989 in paragraph (c)(175)(i)(B)(1) of this section and now deleted without replacement Rule 3:15.

• * * * *

(177) * * * 

### (i) * * * (D) * * * (4) Previously approved on April 16,
1991 in paragraph (c)(175)(i)(D)(1) of this section andnow deleted without replacement Rule 518.

* * * * *

(179) * * * 

### (i) * * *
(E) * * * (5) Previously approved on November 4, 1996 in paragraph (c)(179)(i)(E)(1) of this section andnow deleted without replacement Rule 2.10.

* * * * *

(184) * * * 

### (i) * * * (B) * * * (11) Previously approved on May 13, 1999 in paragraph (c)(184)(i)(B)(7) of this section andnow deleted without replacement Rules 214, 215, and 216.

* * * * *

(199) * * * 

### (i) * * *
(D) * * * (9) Previously approved on June 3, 1999 in paragraph (c)(199)(i)(D)(6) of this section andnow deleted without replacement Rule 2040.

* * * * *

(202) * * * 

### (i) * * *
(F) * * * (2)Previously approved on July 7, 1997 in paragraph (c)(202)(i)(F)(1) of this section andnow deleted without replacement Rule 3.1, paragraphs 403 and 406.

* * * * *

(230) * * * 

### (i) * * *
(E) * * * (2)Previously approved on May 2, 2001 in paragraph (c)(230)(i)(E)(1) of this section andnow deleted without replacement Rule 422.

* * * * *

(262) * * * 

### (i)* * * (A) *** (2)Previously approved on June 28, 1999 in paragraph (c)(262)(i)(A)(1) of this section andnow deleted without replacement Regulation 1, Rules 402 and 402.1.

* * * * *

[FR Doc. 04-25398 Filed 11-15-04; 8:45 am]

BILLING CODE 6560-50-P DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA 2004-19216]

RIN 2127-AD08

Federal Motor Vehicle Safety Standards; Seating Systems

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Termination ofrulemaking.

SUMMARY: This notice terminates a rulemaking proceeding to amend Federal Motor Vehicle Safety Standard (FMVSS)No. 207, "Seating systems." NHTSA is seeking to improve motor vehicle seat performance in rear impacts. The agency has conducted extensive physical testing ofseatbacks, computer modeling of seated occupants in rear impacts and dynamic testing of instrumented test dummies invehicle
seats. However, additional research and data analyses are needed to allow an informed decision on a rulemaking action in this area. Since the SemiAnnual Regulatory Agenda (Unified Agenda) is intended to provide the public with information on rulemaking actions tobe taken in the next year or so, and since we do not anticipate being able to take rulemaking action inthis

area in that timeframe, we are terminating rulemaking proceedings on this issue. Research into this area will continue as time andresources allow, particularly as itrelates to the goal of unifying FMVSS No. 202, "Head restraints," and FMVSS No. 207 into a single comprehensive rear impact protection standard.

FOR FURTHER INFORMATION CONTACT: For non-legal issues: Louis Molino, Office of Crashworthiness Standards, NVS-112, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. Telephone (202) 366-1833. Fax: (202) 366-4329.

For legal issues: Eric Stas, Office of ChiefCounsel, NCC-112, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. Telephone: (202) 366-2992. Fax: (202) 366-3820.

SUPPLEMENTARY INFORMATION:
Table ofContents
I.Background II.Agency Activities I1.Agency Rationale forTerminating Rulemaking

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